Answer By law4u team
Bharatiya Nyaya Sanhita, 2023 - Section 131: Punishment for assault or criminal force otherwise than on grave provocation
Whoever assaults or uses criminal force to any person otherwise than on grave and sudden provocation given by that person, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine which may extend to one thousand rupees, or with both.
Explanation 1: Grave and sudden provocation will not mitigate the punishment for an offence under this section if
- the provocation is sought or voluntarily provoked by the offender as an excuse for the offence; or
- the provocation is given by anything done in obedience to the law, or by a public servant, in the lawful exercise of the powers of such public servant; or
- the provocation is given by anything done in the lawful exercise of the right of private defence.
Explanation 2: Whether the provocation was grave and sudden enough to mitigate the offence is a question of fact.
Brief Detail
BNS Section 131 specifies the punishment for assault or criminal force used against a person when the assault is not provoked by grave and sudden provocation from the person assaulted. The penalties include imprisonment for up to three months, a fine up to one thousand rupees, or both. Certain types of provocation, including those sought by the offender or involving lawful actions, do not mitigate the punishment.
Question & Answers
Q1: What does BNS Section 131 address?
A1: BNS Section 131 addresses the punishment for assault or criminal force used against a person when the assault is not provoked by grave and sudden provocation from the person assaulted.
Q2: What are the penalties under BNS Section 131?
A2: The penalties under BNS Section 131 include imprisonment for up to three months, a fine up to one thousand rupees, or both.
Q3: Does grave and sudden provocation always mitigate the punishment under this section?
A3: No, grave and sudden provocation will not mitigate the punishment if it was sought or voluntarily provoked by the offender, if it was due to lawful actions, or if it was in the exercise of the right of private defence.
Q4: How is the nature of provocation determined?
A4: The nature of provocation is determined based on whether it was grave and sudden enough to mitigate the offence, which is a question of fact.
Example
Example Scenario:
If a person assaults someone without any grave or sudden provocation, they could be punished under BNS Section 131. For instance, if A assaults B without any provocation from B, A may face imprisonment for up to three months, a fine, or both.
Summary
BNS Section 131 outlines the punishment for using assault or criminal force when not provoked by grave and sudden provocation. The offender can be imprisoned for up to three months, fined up to one thousand rupees, or both. Certain provocations do not mitigate the punishment.
